military death penalty Tag Archives — Court-Martial Trial Practice Blog

Breaking on Hasan

June 1, 2010 | The Law Office of Philip D. Cave

MySA news reports that:

Defense attorneys for Maj. Nidal Malik Hasan, a Fort Hood psychiatrist charged with killing 13 people and wounding 32 others in a mass shooting here last fall, won a four-month delay Tuesday in an evidentiary hearing that could lead to his court-martial.

Sitting in the same courtroom where he oversaw proceedings for two infamous Abu Ghraib defendants, Col. James Pohl ruled in favor of the defense, which said it had not received all the documents it needed – including a ballistic trajectory report now being done by the FBI in Quantico, Va.

Hasan update

May 23, 2010 | The Law Office of Philip D. Cave

The LA Times has interesting piece which essentially posits that both the defense and Congress are being stonewalled in production of relevant information. Usually it’s only the defense.

But even before the gavel comes down, two legal battles are underway to try to force the Army and the Department of Justice to turn over documents dealing with Hasan’s past, particularly his personnel files, his mental health records and other documents that might suggest the government should have known he was a dangerously troubled soldier.

The Senate Homeland Security and Governmental Affairs Committee has taken the unusual step of issuing subpoenas demanding the records as part of its investigation into the shooting spree. What they want to know, said committee Chairman Joe Lieberman (I-Conn.), is "why was he not stopped before he took 13 American lives, and how can we prevent such a tragedy from happening again?"

NMCCA on Quintanilla

May 19, 2010 | The Law Office of Philip D. Cave

NMCCA denied Quintanilla’s petition

in which he sought to have the court overturn the ruling of the military judge at his sentencing rehearing to the effect that Life Without Parole (LWOP) is not an authorized
sentence in his case. Alternatively, the petitioner requested that this court direct the military judge to grant the petitioner’s motion allowing him to waive his right to clemency and parole following sentence, so that he can more easily reach a pretrial agreement with the convening authority.

Death penalty case update

May 15, 2010 | The Law Office of Philip D. Cave

Press Republican reports that:

Cannon fire will permeate the air over the PARC museum campus this weekend as forces from the Union and Confederate armies collide on the open fields.

The Clinton County Historical Association will host the third-annual Plattsburgh Civil War Encampment, with two battles between the Blue and Gray scheduled for today and another slated for Sunday.

Martinez DP case

May 9, 2010 | The Law Office of Philip D. Cave

New York Post reports that:

If she can’t have justice for her slain soldier husband, she’d at least like a Purple Heart.

New York widow Barbara Allen is battling the National Guard for withholding the military honor from her husband, who was killed in 2005 while serving in Iraq.

Hasan update

April 30, 2010 | The Law Office of Philip D. Cave

I posted yesterday a couple of items where Mr. Galligan indicates he’s been given notice that the prosecution intends seeking the death penalty in the Hasan case. He’s wrong, but not wrong. It’s a question of terminology and reality.

Here is a quick note from KWTX.com:

FORT HOOD (April 30, 2010)–Fort Hood authorities said Friday they have not reached a decision to seek the death penalty in the upcoming Article 32 for Army Maj. Nidal M. Hasan.

Hasan update

April 29, 2010 | The Law Office of Philip D. Cave

Here are some links to reports that the prosecution will seek to provide death penalty related information to the Article 32, UCMJ, IO.

AP:

Stars & Stripes:

Hennis update

April 18, 2010 | The Law Office of Philip D. Cave

I expect we’ll see several commentary’s about the Hennis trial. Here is one from Myron Pitts, FayObserver.com, which he calls, “Evidence adds up in support of Hennis verdict.” (Along with the article is a great list of links to prior reporting on the case.)

I saw a military jury convict Hennis on April 8 and sentence him to die Thursday[.]

Hennis’ lawyer, Frank Spinner, said at the bottom of the courthouse steps that the jury never got to know his client, who did not testify. The jurors instead were treated to gruesome photos of the murder scene, he said.

Hennis panel still deliberating

April 15, 2010 | The Law Office of Philip D. Cave

FayObserver notes the issue yesterday where the members wanted answers about parole should he be sentenced to life. I found this piece odd.

The jury left the courthouse at Fort Bragg about 5:30 p.m. Wednesday evening without a decision on a sentence for Hennis: life in prison or the death penalty. A death sentence requires a unanimous vote of all 14 jurors; a life sentence requires agreement from at least 11 of the jurors.

Hennis was convicted of premeditated murder, so it’s one or the other life or death. The paper seems to have picked up on the three-quarters vote needed for a sentence in excess of 10 years. In this case he’s already going to get life, the question is whether all 14 members will vote to terminate it.

Hennis update

April 12, 2010 | The Law Office of Philip D. Cave

WRAL.com reports:

The family of a former Fort Bragg soldier convicted of killing a Fayetteville woman and two small children in 1985 on Monday begged a military jury not to sentence him to death for the crimes.

The panel of 14 Army officers and enlisted personnel last week found Master Sgt. Timothy Hennis guilty of three counts of premeditated murder and is considering his sentence.